HBA-MSH C.S.H.B. 1350 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1350
By: Brimer
County Affairs
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, municipalities are authorized to regulate the sale and
use of fireworks, while counties are authorized to regulate fireworks in
unincorporated areas only during a drought.  These unincorporated areas may
be densely populated, creating a safety risk from the use of fireworks.
C.S.H.B. 1350 authorizes a county commissioners court to prohibit or
otherwise regulate the use of fireworks in unincorporated areas of certain
counties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1350 amends the Local Government Code to authorize a county
commissioners court of a county with a population of one million or more
and that has two municipalities located in whole or in part within its
boundaries each having a population of 300,000 or more and a county with a
population of 2.8 million or more by order to prohibit or otherwise
regulate the use of fireworks in the unincorporated area of the county and
within 500 feet of a residence.  The bill prohibits the commissioners court
in such a county from otherwise regulating the sale, use, or possession of
fireworks in the unincorporated area.  The bill sets forth provisions
regarding the posting of notice of these provisions at points of sale of
fireworks.  The bill specifies that a person who knowingly violates such an
order commits a Class C misdemeanor and sets forth exceptions.  The bill
provides for copies of an order adopted by a commissioners court to be sent
to the state fire marshal and each licensed manufacturer, distributor, and
jobber in the affected county.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1350 differs from the original by providing that the provisions of
the bill also apply to a county with a population of 2.8 million or more
and a county with a population of one million or more that has two
municipalities with a population of 300,000 or more located in whole or in
part in the county rather than entirely in the county.  The substitute also
prohibits a commissioner court from regulating the sale or possession of
fireworks in an unincorporated area of the county not specified in the
bill. 

C.S.H.B. 1350 provides that the commissioners court of a county may
prohibit or otherwise regulate the use of fireworks within 500 feet of a
residence, rather than within 500 feet of a residential area as was
provided in the original.